SHABBIR BEG AND OTHERS Vs. SUB

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Standing Counsel.

(2.) By means of this petition filed under Art. 226 of the Constitution of India, petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the notification/C.L.H. Form No. 6 dated 01.07.1986. Prayer for a direction in the nature mandamus commanding the respondents not to dispossess the petitioners from plot Nos. 102 and 166 of village Jalalpur, tehsil Chhatta, district Mathura has also been made.

(3.) The brief facts of the case giving rise to the present petition, are that on enforcement of the U.P. Imposition of Ceiling on Land Holdings Act, for short 'the Act', a notice under Sec. 10(2) of the Act was issued to Bashir Beg, father of the petitioners, calling upon him to show cause as to why land mentioned in the said notice be not declared as surplus. Bashir Beg filed an objection contending that no land out of his holding was liable to be declared as surplus. Parties produced evidence in support of their cases, oral and documentary. The Prescribed Authority after going through the evidence on the record declared an area measuring 48.51 acres as surplus. Bashir Beg did not file any appeal against the said order. Consequently, a notification under Sec. 14 of the Act was issued on 25.01.1962 and the land which was declared as surplus, vested in the State. Possession over the same was also taken by the State Government on 30.06.1962. The aforesaid order has become final. Thereafter, it appears that proceedings were again initiated against the petitioners who objected to the same contending that they were holding the land within their ceiling limit and no land out of their holding could be declared as surplus. They have also referred to and relied upon the orders passed against the Bashir Beg in support of their submissions. Thereafter, the Prescribed Authority discharged the notice issued against Islam Beg holding that there was no land in his holding to be declared as surplus while an area measuring 7.95 acres was declared as surplus, which was in possession Shabbir Beg, by his judgment and order dated 30.11.1974. Shabbir Beg thereafter filed an appeal against the order passed by the Prescribed Authority which was partly allowed and the area of surplus land reduced from 7.95 acres to 7.78 acres. It has been stated that Shabbir Beg thereafter filed a writ petition before this Court which was allowed on 23.11.1978 and the case was remanded to the Prescribed Authority to determine the nature of the land whether the land in question was irrigated or unirrigated. The Prescribed Authority by its order dated 21.7.1979 partly allowed the objection and declared an area measuring 2.65 acres as surplus. Shabbir Beg thereafter filed an appeal which was dismissed on 18.08.1981. Thereafter, as the authorities below wanted to take possession over the land in dispute in the garb of the order passed by them against the father of the petitioners, the petitioners had to file the present petition.